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15�owN pF MEETING DATE: 9/17/01 ITEM NO. /� COUNCIL AGENDA REPORT !ps GR��S DATE: SEPTEMBER 13, 2001 TO: MAYOR AND TOWACOUNCIL FROM: TOWN MAN SUBJECT: APPROVE THE TOWN ASS THE MAINTENANCE OF ALLEYS RECOMMENDATION: Approve the Town assuming the maintenance of alleys. BACKGROUND: At the meeting of July 2, 2001, the Town Council directed staff to address specific questions regarding alley maintenance and "ownership." The Town Council also directed staff to meet with residents along alleys to ascertain what accommodation could be made to meet their preferences within certain legal and engineering parameters. Subsequently, staff held a meeting on August 30 which was attended by seventeen citizens, some of whom stated that they represented their neighborhood. At this meeting, staff presented legal and engineering parameters (which are discussed below) within which alleys would be improved and maintained presuming the Town assumed that responsibility. DISCUSSION: Substantive discussion at the August 30 meeting focused on residents expressing concerns and interests in various levels of maintenance from minimal improvements such as keeping a gravel alley to full reconstruction. Two residents along Apricot Way indicated that property owners along that alley would like the Town to consider conveying the alley to a homeowner's association, while preserving public rights of way easements, so the homeowner's could have greater freedom in landscaping and maintaining their properties. The Town would need to research terms and conditions for doing this if the Council were open to considering it. PREPARED BY: LES WHI Interim Director of Parks and Public Works Reviewed by: 0 Attorney Clerk 4-r- Finance _Community Development Revised: 9/13/01 7:20 AM Reformatted: 5/30/01 NAB&SCNCLRPTSta11ey.tcr.wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE THE TOWN ASSUMING THE MAINTENANCE OF ALLEYS SEPTEMBER 13, 2001 DISCUSSION: Another resident mentioned minor encroachment issues that could be rectified through a quit claim process in the future, but not pose any particular problem now. The attached matrix summarizes the preference of the neighborhoods. During the meeting, the Town Attorney explained that the alleys are "public ways" under the jurisdiction of the Town. That is because they were designated as such in the original subdivisions. This means the Town can regulate use of these alleys just the same as it does for public streets. If it chooses to assume responsibility for maintaining these alleys it only needs to start maintaining them (although some residents have suggested that the Town has already done that in the past). The Town Attorney indicated that the Town could still accept these rights -of- way which were dedicated by the original subdividers to ensure legal ownership transfers to the Town; however, that is not necessary for the Town to do to assume responsibility for maintaining these "public ways." Essentially, the Town Attorney confirmed the statements he made at the July 2, 2001, Council meeting. The Town's Associate Engineer reviewed the condition and costs to repair the alleys and determined they need a range of work from slurry sealing and overlay to reconstruction. Some drainage issues will need to be resolved too. The section of the Johnson Alley (from Reed Head Lane head south to the dead -end of the alley) which is currently gravel would remain so, subject to some grading and fresh gravel being spread. Otherwise all alleys would be maintained in the same manner (at least until transferring ownership of Apricot Way is resolved). The overall cost estimate is $275,000 which includes about $25,000 for design work. If the Council approves a policy to assume maintenance responsibility for the alleys, then this work would be included as part of the second phase of street resurfacing work (to ensure the best possible prices) and would be designed and constructed next year. Until then, P &PW maintenance crews would fill potholes and do some minor grading sufficient to maintain these alleys until slurry seal, overlay and reconstruction work is done next year. A determination of the level of reconstruction or maintenance would be based on an engineering analysis of the alleys (core samples, deflection tests) and then that work would be programmed as part of the second year of the street resurfacing contract. A significant amount of the costs could be reimbursed to the General Fund from the Redevelopment Fund for that work which is not construed as maintenance, namely, street overlays and reconstruction. A major issue for residents is that if the Town assumes this responsibility then the maintenance should be at least equal to or better than that which residents currently provide on the best maintained alleys. They also want to ensure that all alleys be carefully reviewed because some that might appear to be in good condition may not be built with the proper "base" treatment. The Town Engineer indicates that two inches of asphalt concrete on a six inch rock base would be the minimum standard applied by the Town to alley reconstruction projects, two inches of asphalt concrete to overlay a street and slurry sealing is usually about 1/4 inch of asphalt/oil emulsion. The alleys would be regularly inspected for potholes and signs and swept at least monthly. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE THE TOWN ASSUMING THE MAINTENANCE OF ALLEYS SEPTEMBER 13, 2001 DISCUSSION: Additional liability exposure appears to be minor when these alleys are included as part of the overall street system. There are no crimes or accidents documented in Police reports that would suggest any particular exposure risk. Attached is a petition received from Bob Cowan regarding Town Standards for the improvement and maintenance of public alleys. We believe that the three items mentioned in their petition would be addressed by the Town. CONCLUSION: It would appear that the same conclusion exists for this report as the one presented in the July 2, 2001 Council report. In view of the limited mileage of alleys (generally in the redevelopment area), the constant complaints about their condition, the relatively low cost to get these alleys in good condition, and the various services which need access, staff would continue to recommend changing the policy. ENVIRONMENTAL ASSESSMENT: This project is not defined under CEQA, and no further action is required. FISCAL IMPACT: This is a policy issue. There is no financial impact at this time for this agenda item. Upon the beginning of any maintenance work, staff will prepare the necessary budget adjustments from recommended funding sources at that time or incorporate this work into the FY 2002 -03 Parks and Public Works Operating Budget and/or Capital Improvement Plan. Staff estimates the cost to be $275,000 to bring the alleys up to a reasonable standard. Potential funding sources include P &PW maintenance budget, reserves, or Redevelopment Agency Funding. Attachments: 1. Map of Alleys 2. Petition from Bob Cowan Regarding Town Standards for Alleys 3. Alley Maintenance Matrix Distribution: Bob Cowan, 222 Tait Avenue, Los Gatos, CA 95030 Ernest Patterson, 232 Massol Avenue, Los Gatos, CA 95030 Dennis Grist, 215 Tait Avenue, Los Gatos, CA 95030 Nancy Christensen, 201 N. Santa Cruz Avenue, Los Gatos, CA 95030 Steve Piasecki, 205 Johnson Avenue, Los Gatos, CA 95030 -... ° Palm Av e ° r � y Ja a / n Riry Peralta `09 ` m� o y q�p e >QJ �o" O Z m Dx r 2 r � M M D 00 Attachment 1 Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1. Formally Accept Dedication of alley right of way The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially "accept" the right of ways. 2. Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, Name y`1 /> Address Date / 2.12'%Q; f A yc. 231 PX.c map, &0 m z�y Lk)iL- hePL AVr 9l3 /ai OL01 9 s ci Attachment 2 Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1. Formally_ Accept Dedication of alley right of we The Town Staff competed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and spodiic maintenance activities. We request that the Town officially "accept" the right of ways. 2. Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to nWw o% site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, Address ALL Thar /Its'" Date V//O/ -2 { 3 VJ�,CII p Ct i Gi A6 dOLq Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1. Formally Accept Dedication of alley right of way The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and spori0c maintenance activities. We request that the Town officially "accept" the right of ways. 2. Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, e Address Date -z -OI ;2;:D G't -3- -o, Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1 Formally Accept Dedication of trey right of way The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially "accept" the right of ways. 2 Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public. streets. Thank you, Name cIw Ad�� Date Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1. Formally. Accept Dedication of alley right of way The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially "accept" the right of ways. 2. Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, Address 3 -1 ALT Date IS L i SDI "L J� b( Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councilmembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1. Formally AccMpt Dedication of alley right of we The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially "accept" the right of ways. 2. Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, Name Address 5 Date Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councibnembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 260 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. I Forma Accept Dedication of alley right of way The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially "accept" the right of ways. We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, Address Date Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and CouncUmembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1. Formally Accept Dedication of alley right of way The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially "accept" the right of ways. 2. Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, G i Address Date 30�, auAL.3r77 046,44st -4l 7-7-0 / Z15 1-7,7-1 T 7101 09(0 ? %01 FRI 10:17 FAX 916481 +2015 DONALD ZLTBIEL 6]002 FP.Cti GP!'-,T FHOIG IIU. : d08 =96 Sep, hd L'l:51FN P? Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys �J 51-1; Dear Honorable Ma.Ww Pk2yndd and Countilmembers Attattay, Blanton, Decker, and M kmm The undersigned itidividuals owning property served by the public alleys located in the 200 block of Wilder, Tait and b'lassoi Avenues request the Town Council to adopt the following position regarding the improvement and maiateniinee of the above referenced alleys- • •1, ter- rZIM. 7mr 1 i The Town Staff cornpleted ,research verifying char the alleys are not owned by adjoining property own= and that the to+vn is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially 'accept" the tight of ways_ We request that the town improve the ,alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected hutvy truck traffic including fire and trash vehicles. b- The alleys should be designed to direct storm runoff to public streets. c. The improvement eocnactor can entar into private agreements with adjoining property owners to make on site improvements such as driveway aprons and party spaces at the carte time as the alley improvements take plate. d The appearance of the alley should be simUar to the improvements in the alleys serving the 100 blocks of Wilder. Tait and Massol Avenues. 3 Maintsenance We request that the Town maintain the alleyways using the same standards as other public sweets. Thank you, Due a/-7 J� I\ r r� r C Attachment 3 w 0 rn y o y O O U X W � M O .°c N A N .��'. N N U SO.' N .0 N SO.' 0 -91-- U �+ Off, O q O q O q O q 0 O yy O A O q U O O T bOw S 4 3 •WJw z a Za, ,WW Za: ,mow U zu: ZP.. ,ti+W P. ,�W Z •bAw za ,�t.U, z a v �b N ❑ T N 3 � "� o •o o o '' ioi..�� �oy.y�bi..�� U 5n w y Q U O U � o � U U b .0 .0 .o x Attachment 3 b y W N y N Y N O Y N h Y Y i B b� �o U X w w ou Y .ti Y � N 3 h o b F U 3 Y L i.l � 4 4. 0 d r G. N 10 O O 10 O O v ,n° w p° w Z za a b b ti y N y b u: a b y W N y N Y N O Y N h Y Y i B b� �o U X w w ou Y .ti Y � N 3 h o b F U 3 Y L i.l � 4 4. 0 d r G. N Mr. Les White Interim Director of Public Works Town of Los Gatos Dear Mr. White, The crosshatching on the attached map identifies properties whose owners have agreed with the petition entitled "Petition Regarding Town Standards For the Improvement and Maintenance of Public Alleys ". The asterisks identify property owners that have given verbal approval of our position and will mail in separate petitions. The non crosshatched properties represent property owners who could not be reached. Our group did not contact property owners whose property was not contiguous to the alley right of way. Thank you for your assistance. Please call if you have a question. (Sincerely, l.�o$ CeweU., Bob Cowan 222 Tait Ave. Los Gatos 354 -8307 / J .cZhGFRSn�t�oi.+ K :;:y N '1 \ N\ Y Q �� s e sQn Qs •.. NX �NgHOISON 1 * �U/I Ytlllpy Petition Regarding Town Standards For The Improvement And Maintenance of Public Alleys Dear Honorable Mayor Pirzynski and Councibnembers Attaway, Blanton, Decker, and Glickman The undersigned individuals owning property served by the public alleys located in the 200 block of Wilder, Tait and Massol Avenues request the Town Council to adopt the following position regarding the improvement and maintenance of the above referenced alleys. 1. Formally Accept Dedication of alley right of way The Town Staff completed research verifying that the alleys are not owned by adjoining property owners and that the town is the defacto owner by virtue of long standing public use and sporadic maintenance activities. We request that the Town officially "accept' the right of ways. 2. Improvement standards We request that the town improve the alleys based upon the following standards: a. The sub pavement and pavement be of adequate strength to support expected heavy truck traffic including fire and trash vehicles. b. The alleys should be designed to direct storm runoff to public streets. c. The improvement contractor can enter into private agreements with adjoining property owners to make on site improvements such as driveway aprons and parking spaces at the same time as the alley improvements take place. d. The appearance of the alley should be similar to the improvements in the alleys serving the 100 blocks of Wilder, Tait and Massol Avenues. 3. Maintenance We request that the Town maintain the alleyways using the same standards as other public streets. Thank you, Name Address Date Town Council Minutes September 17, 2001 Redevelopment Agency Los Gatos, California TOWN COUNCIL MINUTES /PREPARATION /CONT. Council discussion continued: Mr. Blanton spoke to the action of the Council and not the aggrandizement of an individual. He would like to continue the verbatim minutes of the Planning Commission meetings. Mrs Decker suggested having all of the tapes of the Council minutes put on CDs for more convenient public access. She supported verbatim in Planning and land use. Mr. Attaway agreed with the suggestion of using more current technology and retaining the action only minutes of Council and the verbatim of Planning. Mr. Pirzynski is comfortable with having a stenographer for the Planning Commission meetings and action only minutes for Council. Speaker from the audience: Ray Davis, resident, requested that more information and detail be found in the Council minutes. Motion by Mr. Blanton, seconded by Mr. Glickman, that Council continue its present practice and adopt Resolution 2001 -104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DIRECTING THE PREPARATION, STYLE AND FORMAT OF THE TOWN COUNCIL MINUTES, and remove Section B. Carried unanimously. MAINTENANCE OF TOWN ALLEY WAYS (15.23) Speakers from the audience: Richard Fox, 211 Glen Ridge Ave, spoke of Apricot Lane and its safety. The width of the alley is not conducive to traffic safety if it is maintained and turned into a little street for the use of cut through traffic trying to avoid the new stop signs on Glen Ridge. He had proposals for the development of this alley. Julie Gilbert, 243 Bachman Ave, spoke of the alley between Tait and Wilder. The petition from the neighbors requested Town maintenance. Council consensus that the Town assume the maintenance of alleys. Orry Korb, Town Attorney, reconfirmed that when the Town does take the responsibility to maintain an alley it becomes public property at that point by informal acceptance. He said staff would notice each alley for one or more public meetings. Council Comments: Mr. Attaway wants the alleys maintained but wants public funds used on public roads and private funds used on private roads. He wants each alley assessed, and an individual policy set for the individual alleys. He does not believe it will work without each neighborhood's agreement. Mr. Blanton would let each neighborhood determine the nature and care of their alley. Mrs. Decker noted that there is time to include the neighbors before work begins in the spring. She asked that the Weekly keep the public informed. Mr. Pirzynski asked staff to move forward but to deal individually with the neighbors' needs. Mr. Glickman agrees with hearing the issue publicly but does not want to listen to 11 individual hearings. He would group those alleys that are ready to accept public maintenance together and address and move forward on those first. The three that are in question could be treated more individually. TC D u:mnwe no 1 4